Celebrities and the sometimes twisted lives they lead make for fabulous tabloid fodder – entertaining perhaps, but not usually educational per se. On the contrary, the current soap opera surrounding Kim Kardashian, Kris Humphries, and Kanye West provides the perfect scenario to learn about one aspect of California law most people may be unaware of.
Kardashian and Humphries married on August 20, 2011. Seventy-two days later, they split up and Humphries claimed the marriage was a fraud from the get-go. In legal parlance, Humphries claimed grounds for an annulment. Kardashian, on the other hand, wanted a divorce and denied any fraud on her part. Leaving the intervening details to the tabloids, suffice it to say that as of January 2013 Kardashian and Humphries are still legally married.
Which brings us to the twist in this story: Kim Kardashian is pregnant and it’s no secret that the baby was sired by Kanye West. Nonetheless, under California law, as long as Kardashian is married to Humphries, Humphries will be presumed by law to be the baby’s father. Like other states, California has anti-bastardization laws, also known as parentage laws, which state when a mother is married, her newborn child is legally presumed to be her husband’s child.
In other words, Humphries will be deemed to be the baby’s legal father unless he disputes parentage through the court system. He will have all the rights and responsibilities of a father to include visitation rights and the duty to provide child support.
Surely Kardashian and West can put together enough money for diapers and daycare, but you never can tell with some folks. Humphries may want to take steps to protect his good name, especially since he claims he was never legally married to begin with.
At the
Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce, custody, or other family law matter.
Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a parent facing a custody dispute, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our
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We recently discussed the ongoing saga of Kim Kardashian and Kris Humphries. Our readers may recall that the couple split up after being married for a very short time. Kardashian wants a divorce while Humphries wants an annulment. Most people are familiar with divorce, but what exactly is an annulment and how do you go about getting one?
An annulment is declared when a court determines that your marriage or legal partnership was invalid from the start. The ten-dollar Latin legal phrase is “void ab initio,” when means void from the beginning.
An annulment basically unwinds a marriage as though it never existed. Some of the reasons a marriage can be declared void in California include bigamy and incest. Other grounds for an annulment include:
The recent decision by Los Angeles Lakers star Kobe Bryant and his wife Vanessa to forego divorce in favor of working out their differences is significant for several reasons. Most importantly their children will not have their lives turned upside down by the division of their family, and will continue to have Mommy and Daddy raising them together.
Hopefully the decision was not financially motivated, but we would be remiss if we didn’t also point out the fact that Bryant will save millions of dollars in child support and spousal support. Based on his reported income, Bryant could have been ordered to pay $1.3 million per month in payments to Vanessa if she were awarded primary physical custody.
Additionally, since the Bryants celebrated their tenth anniversary in 2011, their marriage is considered by California law to be long term. What this means is that all wages earned, and all items purchased since the day the exchanged nuptials would likely be considered community property and divided between the two accordingly.
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